BOARD OF ZONING APPEALS

SEPTEMBER 22, 2003

 

 

9:30

 

Ward 7

Calendar No. 03-232:

   1178 East 79th Street

Fannie Lewis

 

 

14 Notices

 

Shiloh Temple House of God and Bishop Steven L. Best appeal to construct a 66’ x 104’ two-story brick church building, all situated on an approximate 87’ x 130’ parcel in a Local Retail Business District on the northwest corner of East 79th Street and Donald Avenue at 1178 East 79th Street; said construction being contrary to the Business District Regulations of Section 343.01 where by reference as regulated in a One-Family District, according to Section 337.02(e)(1), a church and accessory uses if located less than 15’ from any residential district is subject to the Board of Zoning Appeals approval and the proposed church building abuts a Two-Family District and a Multi-Family District; and contrary to the Off-Street Parking and Loading Requirements, where 32 parking spaces are proposed and 34 spaces are required as stated in Section 349.04(e) of the Codified Ordinances.  (Filed 8-6-03)

 

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9:30

  Appeal of Fuad D. Jaser

 

Calendar No. 03-233:

 Hack License Suspension

 

 

 

 

 

Fuad D. Jaser appeals under Chapter 76-6 of the Charter of the City of Cleveland and Section 443.36 of the Codified Ordinances from the suspension of a City of Cleveland Hack License issued March 19, 2003 by Dedrick Stephens, Commissioner of Assessments and Licenses.

(Filed 8-7-03)

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9:30

 

Ward 6

Calendar No. 03-234:

    2079 Random Road

Patricia Britt

 

 

15 Notices

 

Random Road LLC and Mark Dodds, agent, appeal to construct a 136’ x 70’ three-story, 14 unit townhouse building with detached garages, all situated on an approximate 149’ x 168’ parcel located in a Multi-Family District on the east side of Random Road at 2079 Random Road; said construction being contrary to the Area Requirements of Section 355.04, where in a “C” area district, the gross floor area cannot exceed 12,465 s/f (one-half of the lot size) and 28,000 s/f is proposed; and contrary to Section 353.01(b) of the Height Regulations, 45’ is proposed and the maximum building height permitted is 35’ and an interior side yard of 6’ is proposed where 11.25’ (one quarter of the building height) is required as stated in Section 357.09(b)(2)(B) in the Yards and Courts Regulations of the Codified Ordinances. (Filed 8-12-03)

 

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BOARD OF ZONING APPEALS

SEPTEMBER 22, 2003

 

9:30

 

Ward 19

Calendar No. 02-223:

  12222 Lorain Avenue

Dona Brady

 

 

10 Notices

 

Edward M. Krivec, owner, and Donald Folmer, tenant, appeal to change the use of an existing first floor 750 sq.ft. tenant space area into a tattoo and body piercing shop on a 50’ x 118’ parcel located in a General Retail Business District on the north side of Lorain Avenue at 12222 Lorain Avenue; said change of use being contrary to the Specific Use Regulations, where the proposed use is directly abutting a residential district and is within 250’-300’ of McKinley Elementary School and Playground and tattoo and body piercing use shall not be established within 1000’ of a residential district, kindergarten, elementary school or playground as stated in Section 347.12(b)(1) of the Codified Ordinances. (Motion for Reconsideration and Rehearing Granted)

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9:30

 

Ward 19

Calendar No. 03-208:

  3715 Highland Road

Dona Brady

 

 

7 Notices

 

David Hinz, owner, appeals to construct a 22’ x 40’ two-story attached garage to the rear of an existing 2-story wood frame house all situated on a 40’ x 444’ parcel located in an A-1 Single-Family District on the north side of Highland Road at 3715 Highland Road; said construction being contrary to the Yards and Courts Requirements where an interior side yard setback of 2.6’ is proposed and 3’ is required with an aggregated side-yard setback not less than 10’ shall be provided as stated in Section 357.09(b)(2)(B) of the Codified Ordinances. (Motion for Reconsideration and Rehearing Granted)

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POSTPONED FROM AUGUST 18, 2003

10:30

 

Ward 15

Calendar No. 03-153:

     2217 Broadview Road

Merle Gordon

 

 

18 Notices

 

Fred Manson, owner, and Gus Moulagiannis, tenant, appeals to change the use of the first floor of an existing 19’-6” x 53’-4” two-story masonry building into a tattoo and body piercing shop all situated on a 45’ x 130’ parcel located in a Local Retail Business District on the east side of Broadview Road at 2217 Broadview Road; said change of use being contrary to the Business District Requirements, where the proposed use will be within 100-200’ of a residence district and within 1000’ of several other residence districts and tattoo and body piercing shops are not permitted in a Local Retail Business District but first permitted in a General Retail Business District and only if located 1000’ from a Residence District as stated in Section 343.01 of the Codified Ordinances.(Filed 6-4-03; no testimony taken.)

 

Second postponement requested in the Notice of Appearance by appellants’ counsel for adequate time to prepare to appear before the Board.

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BOARD OF ZONING APPEALS

SEPTEMBER 22, 2003

 

POSTPONED FROM AUGUST 18, 2003

 

9:30

 

Ward 15

Calendar No. 03-200:

           3809 Pearl Road

Merle Gordon

 

 

9 Notices

 

Zion Pentecostal Temple, owner c/o Bishop Pope, appeals to change the use of an existing approximate 40’ x 90’ one-story video store building into a church all situated on an approximate 47’ x 99’ corner parcel located in a Local Retail Business District on the southeast corner of Garden Avenue and Pearl Road at 3809 Pearl Road; said use being contrary to the Business District Requirements of Section 343.01 and the Residential District Requirements of Section 337.02(e)(1) where a church must be located at least 15’ from any abutting residential district and contrary to the Off-Street Parking and loading Requirements of Section 349.04(a) where no parking spaces are shown and 29 total parking spaces are required and 18 parking spaces are credited from the previous use leaving a total of 11 parking spaces required and any separate lot upon which accessory parking facilities are located shall be in the same ownership or control as the building or use to which the parking facilities are accessory as stated in Section 349.05(b) of the Codified Ordinances. (Filed 7-9-03; testimony taken.)

 

First postponement granted for appellants to provide a signed parking lease agreement with the property owner where the required parking spaces will be located.

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POSTPONED FROM AUGUST 25, 2003

 

10:30

         Appeal of Renee Vucek

Ward 16

Calendar No. 03-207:

         4337 West 58th Street

Michael O’Malley

 

 

 

 

Renee Vucek, appeals from a violation notice issued by the Division of Building and Housing on July 11th 2003, under the authority of the Fence Regulations, where no fence shall be higher than it’s distance from a residence building on an adjoining lot or from the permitted placement of a future residence on such lot, if such fence will be generally parallel to and adjacent to the closet wall of the residence as stated in Section 358.04 of the Codified Ordinances. (Filed 7-16-03; no testimony taken.)

 

Appellants’ first postponement requested due to a scheduling conflict.

 

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BOARD OF ZONING APPEALS

SEPTEMBER 22, 2003

 

POSTPONED FROM AUGUST 25, 2003

 

10:30

 

Ward 16

Calendar No. 03-209:

      4200 Brookpark  Road

Michael O’Malley

 

 

24 Notices

 

Cappas and Karas Investments Inc., owners, c/o, John Shepherd, agent, and Paul Duffy, tenant, appeals to change the use of an existing 30’ x 140’ one-story masonry video store building into an adult video store, all situated on an approximate 70’ x 213’ irregular shaped parcel and located in a Semi-Industry and a General Industry District on the north side of Brookpark Road at 4200 Brookpark Road; said change of use being contrary to the Specific Use Regulations where the proposed use is on a lot within 226’ of a residence district to the south and no adult entertainment shall be established on a lot within 1,000’ of a residential district as stated in Section 347.07(c)(1) and the calculation and application of distance requirements of separation of uses shall consider uses and districts across the City’s boundary if the City and bordering jurisdiction have entered into an agreement whereby each will consider uses and districts across the common boundary as stated in Building Zone Maps Regulations of Section 331.04, of the Codified Ordinances. (Filed 7-16-03; no testimony taken.)

 

Appellants’ counsel requests first postponement due to a conflict with their schedule.

                                     

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